Free Exercise

An unfamiliar equality principle is gaining prominence in consti­tutional discourse. Equal value presumptively prohibits government from regulating protected activities while exempting other activities to which the government’s interest applies just as readily. Although the principle is being developed in the context of free exercise, it has implica­tions for other guarantees in constitutional law. This Article offers two arguments....

This Note attempts to resolve a significant impediment to the religious free exercise of prisoners. The Religious Land Use and Institutionalized Persons Act (RLUIPA) forbids the government from placing a “substantial burden” on a prisoner’s religious exercise. Congress did not define substantial burden in the statute, instead indicating that courts should rely on the Supreme Court’s free exercise jurisprudence for a definition.

Despite...

The Supreme Court’s 2018 decision in Masterpiece Cakeshop left unre­solved a central question running through th­­­e so-called wedding-vendor cases: Can the law ever grant religious exemptions to places of public accommodation without severely undermining antidiscrimination laws? The question is a difficult one, and people on both sides of these cases see the stakes as high. For supporters of same-sex marriage, these cases threaten...